Decertification

There isn’t an option to “test out” union representation on a temporary basis. Once a union is established, removing it—referred to as decertification—can be a complex and time-intensive process.
Shutterstock 2712752083 Waiting Period
Step 1

Initial Waiting Period

After a union is certified, employees generally must wait at least one year before they are eligible to file a petition to remove it.1 If allegations of unfair labor practices are raised during that time, the timeline for filing may be delayed.2

Shutterstock 2712752083 Contract
Step 2

Contract-Related Delay

If a collective bargaining agreement (CBA) is in place, employees may be required to wait up to three years—the typical duration of a contract—before pursuing decertification.3 This is due to “contract bar” rules that limit when a petition can be filed. Id.

Shutterstock 2712752083 Petition
Step 3

Petition Process

Following the applicable waiting periods, employees would need to independently gather support from at least 30% of the bargaining unit to trigger a decertification election. Id. This must be done outside of work time and without employer assistance. 4

Shutterstock 2712752083 Vote
Step 4

Election Outcome

To remove the union, a majority of votes cast (50% + 1) must favor decertification. If that threshold is not met, the union will remain in place.5

Because employers are not permitted to assist in this process, employees are responsible for managing each step independently. In some cases, individuals may choose to seek legal guidance. Outcomes can vary, and not all decertification efforts are successful. 

1 29 U.S.C. § 159(e); Nat’l Lab. Rels. Bd., Decertification Election, https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/decertification-election (last visited July 1, 2026).
2 29 CFR Part 103.
3 29 U.S.C. § 159(e); Nat’l Lab. Rels. Bd., Decertification Election, https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/decertification-election (last visited July 1, 2026).
4 Hearst Corp., 281 NLRB 764 (1986).
5 Nat’l Lab. Rels. Bd., Decertification Election, https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/decertification-election (last visited July 1, 2026).